Hirschberg, P. J., Woodward and Bich, JJ., concurred; Jenks, J., read for reversal, with whom Miller, J., concurred.
Appeal by the defendant from a judgment of the City Court of Yonkers-, entered in the office of the clerk of said court on the 7th day of April, 1904, in favor of the plaintiff, and also from an order entered in the same office on the 21st of April, 1904, denying defendant's motion for a new trial.—